Decision of the Swiss Federal Court dated 13 September 2016 [4A_105/2016]
The Swiss Federal Supreme Court affirmed the fundamental significance of the question of law addressed to the court by Kaiser Odermatt & Partner AG. The court further had to assess whether the conciliation authority may – after having rendered a decision acc. to art. 212 par. 1 of the Swiss Civil Procedure Code (CPC) – return to submitting a proposed judgement or granting an authorisation to proceed (acc. to art. 210 and 211 CPC). The authority to rule acc. to art. 212 CPC intends a prompt settlement of simple legal matters ripe for ruling. The Swiss Federal Supreme Court concluded that an increase of complexity caused by the submission of the parties during the conciliation proceedings may justify a return to a proposed judgement or an authorisation to proceed.
Due to its fundamental importance the decision was published commented in the Schweizerischen Juristen Zeitung (SJZ; vol. 112, No. 21 dated November 1, 2016) as well as Die Praxis (PRA; 2016, edition 11, November 2016).